09-137 Chapter 9 page 1
09-137 DEPARTMENT OF INLAND FISHERIES & WILDLIFE
Chapter 9: GENERAL SNOWMOBILE REGULATIONS
9.01 Dealer Plates
(REPEALED)
9.02 The Form and Manner for Displaying Registration Number and Validation Stickers
Resident Snowmobile
The resident registration number and suffix letter (when applicable) shall be painted or firmly attached to both sides of the cowling of each snowmobile in a color that is in marked and distinct contrast to the background to which the number is applied. The registration number and suffix letter (when applicable) which appears after the number must read from left to right with block character Arabic numbers and capital letter not less than one inch in height.
Validation stickers issued by the Department of Inland Fisheries and Wildlife shall be placed within 3 inches of the assigned registration number on both sides of the cowling of the snowmobile. The letters ME before the registration number need not be displayed. Duplicates for destroyed or lost stickers may be obtained for a fee of $1.00 per set.
Non-Resident Snowmobile
The non-resident snowmobile registration number will be printed on the registration stickers issued by the Department of Inland Fisheries and Wildlife. 1. The registration stickers must be attached to both sides of the cowling of the snowmobile. Only the most current set of registration stickers will be displayed on the snowmobile.
9.03 Reciprocity
A. In accordance with Title 12 MRSA Section 7824, sub-section 9, nonresident snowmobile owners who possess valid snowmobile registrations from the state, province, country, or district where they reside, may operate those snowmobiles in Maine without additional registration requirements provided that the state, province, country or district where they reside offers similar snowmobiling privileges to residents of Maine.
B. A state, province, country or district is considered to offer similar snowmobiling privileges to residents of Maine under the following circumstances:
1. The state, province, country or district has a snowmobile registration system;
2. The state, province, country, or district allows Maine residents to operate Maine registered snowmobiles without further registration requirements;
3. The state, province, country or district has a public snowmobile trail system which consists of at least 2,000 miles of trail or which borders Maine and interconnects directly with the Maine public snowmobile trail system, regardless of how the trail system is funded; and
4. The state, province, country, or district allows Maine residents to access the entire portion of the public snowmobile trail system without any type of trail fee, user fee, or required memberships.
C. (REPEALED)
9.04 Noise Limitations on Snowmobiles Manufactured After February1, 1975
Pursuant to the provisions of Title 12 MRSA Section 1978, subsection 6, no snowmobile manufactured after February 1, 1975 may be sold or offered for sale by any manufacturer, distributor or dealer in the State of Maine unless such snowmobile is constructed so as to limit total vehicle noise to not more than 78 decibels of sound pressure at 50 feet on the A scale as measured by the SAE Standards J-192a and proof of compliance with the foregoing requirement in the form of either (i) an "SSCC" label conspicuously attached showing certification by the Snowmobile Safety Certification Committee, Inc. that such snowmobile meets the State's minimum noise standards or (ii) by a letter with test results submitted to the Commissioner of Inland Fisheries and Wildlife showing an evaluation of the noise level by a competent independent testing laboratory and showing or certifying that such snowmobile meets the State's minimum noise standards.
9.05 Antique Snowmobiles Exempt from Display of Registration Numbers and Validation Stickers
Antique snowmobiles registered in accordance with Title 12, MRSA, Section 7824, are exempt from the provisions of section 9.02 of these rules regarding the display of registration numbers and validation stickers.
"Antique snowmobile" means any snowmobile more than 20 years old which is maintained solely for use in exhibitions, parades and other events of interest to the public and not used primarily for recreational or commercial purposes.
9.06 Dealer Temporary Registration
Dealers may issue temporary registrations to new owners by completing the form provided by the Commissioner. The dealer must pay a fee of $1. for each temporary registration he receives from the Commissioner. He may charge the new owner no more than $1. for issuing the temporary registration.
9.07 Snowmobile Registration
A. Each snowmobile registration issued under Title 12 will contain the following information:
1. Registration number issued to snowmobile or dealer/manufacturer
2. Expiration date of registration
3. Make of snowmobile
4. Year built
5. Serial number or engine number
6. Name and address of owner
7. Owner's legal residence
8. Owner's date of birth
9. Date of issuance
10. Validation stamp
Certificate issued to dealer need not show items 3, 4, 5 and 8
B. (REPEALED 95-206, eff. May 24, 1995)
C. Local Temporary Snowmobile Registration
Any snowmobile registration processed by a local registration agent which is not a renewal shall be a 90 day temporary registration containing the following:
1. Temporarily assigned snowmobile number which corresponds with the temporary decal assigned
2. Make of snowmobile
3. Year built
4. Serial number or engine number
5. Name and address of owner
6. Legal residence of owner
7. Owner's date of birth
8. Date of issuance
9. Validation stamp
All snowmobiles covered by a local temporary snowmobile registration shall be required to display the snowmobile temporary registration sticker on each side of the cowling until the permanent registration is issued.
9.08 Nonresident Snowmobile Agents
A. Scope of Rules
These rules have been adopted pursuant to 12 M.R.S.A., Sections 7035 and 7824, and shall be applicable to the establishment of agents for the purpose of issuing nonresident snowmobile registrations.
B. Definitions
1. Nonresident snowmobile agent. "Nonresident snowmobile agent" means any person or business designated by the Commissioner through written agreement, subject to the terms and conditions of these rules, to register nonresident snowmobiles on behalf of the State of Maine for qualified nonresident applicants.
C. Selection and Operating Standards
1. Nonresident snowmobile agents will be selected by the Commissioner on the basis of need as follows:
a. All snowmobile agents established as of 9/1/95 and successfully completing the responsibilities and requirements of an agent will be designated as nonresident snowmobile agents for 1996, upon entering into a written agreement with the Commissioner regarding minimum operating standards. Failure to enter into the above agreement will result in elimination of the agent.
b. A maximum of one hundred additional nonresident snowmobile agents will be established in Maine for 1996 and distributed to counties, based on land area. The Commissioner may establish additional nonresident snowmobile agents in other states as needed to service the nonresident snowmobile public.
c. Nonresident snowmobile agents will not exceed two per town or city, one of which is the agent described in paragraph C.1.a. above, unless it is determined by the Commissioner that more than two is needed to service the nonresident snowmobiling public due to:
(1) the amount of snowmobiling activity in the area and
(2) the number and location of major access routes within the city or town.
2. The selection of new nonresident snowmobile agents will be made by the Commissioner to provide the most convenient and accessible locations for nonresident snowmobilers to acquire registrations. All selections will be based on the following criteria:
a. Creditworthiness;
b. Location of the applicant in relation to major access routes and accessibility to the public;
c. Relation of the business to snowmobiling;
d. Days and hours during which registrations will be issued.
e. Location of applicant in relation to other applicants;
f. Capability of the applicant to issue registrations in a timely manner.
If an applicant has more than one place of business, each place of business will be evaluated separately and, if selected, count as an agent.
3. The Commissioner will enter into a written agreement with each nonresident snowmobile agent which specifies operating standards for agents. Any nonresident snowmobile agent located outside of Maine must maintain an insurance bond to cover the value of the registrations supplied to the agent.
4. Agents designated by the Commissioner for the purpose of issuing nonresident snowmobile registrations will be responsible for compliance with all pertinent laws, regulations, performance agreements and reporting requirements regarding the registration of snowmobiles.
5. All agreements with nonresident snowmobile agents will remain in effect until:
a. The agent no longer wishes to register snowmobiles at the agreed upon location and terminates the written agreement with the Commissioner;
b. The agent changes the location of the agency;
c. The agent sells or leases the agency;
d. The designation as a nonresident snowmobile agent is terminated by the Commissioner for failure to comply with pertinent laws, rules, and performance standards; or
e. The designation as a nonresident snowmobile agent is terminated by the Commissioner because of changing conditions, circumstances, or legal requirements.
f. The designation as a nonresident snowmobile agent is terminated by the Commissioner because of low volume of registrations by the agent. A review of registrations will be conducted at least once per year.
6. Agreements regarding the operation of a nonresident snowmobile agency are not transferable to another individual, location, business, or corporation.
7. Any person or business desiring to become a nonresident snowmobile agent must make application to the Department on forms provided for that purpose. After the initial selection of agents described in paragraph C.1.b. for 1996, applicants will only be considered if an agency is available in the county and the Commissioner determines the need exists for an additional nonresident snowmobile agent.
D. Termination of Services
1. Whenever the Commissioner determines that a nonresident snowmobile agent has violated any provisions of these rules, the Commissioner may immediately terminate the services of that agent.
2. Whenever the services of a nonresident snowmobile agent are terminated, the Commissioner will notify the agent in writing as to the circumstances surrounding the action and shall arrange to collect, from the agent, all state-owned registration related materials, records, and funds. The Commissioner's notice shall explain the reason for the termination of services, and shall give the specific factual basis, if applicable. If the agent wishes to contest the termination, the agent must appeal to the Commissioner in writing within 10 days, specifying all areas of disagreement with the notice. The agent may supplement the appeal with written statements of witnesses. After reviewing the appeal, the Commissioner may decide to take no further action, maintaining the original termination, or the Commissioner may modify the termination in any manner determined to be appropriate. Pending this determination, the original termination will remain in effect.
*11. ATV Plates
ATV registration plates shall be displayed on the rear of the vehicle so that it is clearly visible to a person directly behind the vehicle.
12. Registration certificate
The operator of an ATV shall carry his registration certificate with him at all times unless operating on his own land. He shall display the registration certificate upon the request of any landowner who is authorized to stop him as well as to any law enforcement officer.
13. Dealers
Dealers may apply for ATV dealer plates separately, or along with their application for a dealer's permit. Dealers may obtain up to 2 plates if they sold fewer than 10 vehicle in the previous 12 months, up to three plates if they sold 10 or more but less than 20, or up to 4 plates if they sold more than 20.
14. Temporary registrations
Dealers may issue temporary registrations to new owners by completing the form provided by the commissioner. The dealer must pay a fee of $1 for each temporary registration he receives from the commissioner. He may charge the new owner no more than $1 for issuing the temporary registration.
*(APA Office Note: Amendment of 84-261 (filed 7-27-84) added Sections 11 - 14. There is no record that it was officially repealed. Amendment of 87-281 (filed 8-7-87) adopted chapters 12 and 13 but did not state that sections 11-14 were repealed.)
STATUTORY AUTHORITY: 12 MRSA Section 7035, 7824
EFFECTIVE DATE:
June 1, 1979
AMENDED:
August 1, 1984 - Sec. 1,4, 11-14
September 21, 1986 - Sec. 5
August 12, 1987 - Sec. 6 & 7
July 10, 1990 - Sec. 2
February 25, 1992 - Sec. 3
February 8, 1993 -Sec. 1
REPEALED:
May 24, 1995 - Sec. 7 (B)
AMENDED:
May 24, 1995 - Sec. 7 (C)
November 8, 1995 - Sec. 8
January 1, 1996 - Sec. 2
May 26, 1996 - Sec. 1
NON-SUBSTANTIVE CHANGES:
February 2, 1999 - converted to Microsoft Word.